King et al v. Smith et al
Plaintiff: Jan King and Kimberly Maynard
Defendant: Phyllis Smith, Scott Caserta, Samantha McCollins and County Commission of Cabell County, West Virginia
Case Number: 3:2023cv00129
Filed: February 15, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 14, 2023 Opinion or Order Filing 12 MOTION by Jan King, Kimberly Maynard for Extension of Time for Filing Response to #9 MOTION by Scott Caserta, County Commission of Cabell County, West Virginia, Samantha McCollins, Phyllis Smith to Dismiss Complaint to 4/21/2023. (Clifford, Michael) (Modified on 4/14/2023 to remove link to #10 memorandum and to add party filer)
April 4, 2023 Opinion or Order Filing 11 ORDER granting Defendants' #8 MOTION for Leave to Exceed Page Limitation. Signed by Judge Robert C. Chambers on 4/4/2023. (cc: counsel of record; any unrepresented parties) (jsa)
March 30, 2023 Opinion or Order Filing 10 MEMORANDUM OF LAW by Scott Caserta, County Commission of Cabell County, West Virginia, Samantha McCollins, Phyllis Smith in support of their #9 MOTION to Dismiss. (Greve, Wendy)
March 30, 2023 Opinion or Order Filing 9 MOTION by Scott Caserta, County Commission of Cabell County, West Virginia, Samantha McCollins, Phyllis Smith to Dismiss With Prejudice, re: Complaint attached to the #1 Notice of Removal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Greve, Wendy) (Modified on 3/30/2023 to add link to #1 notice of removal) (mkw).
March 27, 2023 Opinion or Order Filing 8 MOTION by Scott Caserta, County Commission of Cabell County, West Virginia, Samantha McCollins, Phyllis Smith for Leave to Exceed Page Limitation for Defendants' Memorandum of Law in Support of Motion to Dismiss. (Greve, Wendy)
March 9, 2023 Opinion or Order Filing 7 ORDER AND NOTICE: Rule 12(b) Motions - 3/30/2023. Rule 26(f) Meeting - 4/10/2023. Last day to file report of Rule 26(f) Meeting - 4/17/2023. Scheduling/status conference at 11:30 AM on 5/1/2023 in Huntington. Entry of Scheduling Order - 5/8/2023. Last Day to make Rule 26(a)(1) disclosures - 5/15/2023. Signed by Judge Robert C. Chambers on 3/9/2023. (cc: counsel of record; any unrepresented parties) (jsa)
March 8, 2023 Opinion or Order Filing 6 ORDER granting Plaintiffs' #3 MOTION for Consolidation of Civil Action No. 3:23-0129 with Civil Action No. 3:23-0130; directing the two actions consolidated; Civil Action No. 3:23-0129 shall be designated as the lead case, and the matter shall proceed under that styling. Signed by Judge Robert C. Chambers on 3/8/2023. (cc: counsel of record; any unrepresented parties) (jsa)
March 8, 2023 Opinion or Order THIS CASE HAS BEEN CONSOLIDATED WITH CASE NUMBER 3:23-cv-00130 as of 3/8/2023. ALL FURTHER ENTRIES SHALL BE DOCKETED IN 3:23-cv-00129. (jsa)
February 22, 2023 Opinion or Order Filing 5 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendants Scott Caserta, County Commission of Cabell County, West Virginia, Samantha McCollins, Phyllis Smith (Greve, Wendy)
February 22, 2023 Opinion or Order Filing 4 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Scott Caserta, County Commission of Cabell County, West Virginia, Samantha McCollins, Phyllis Smith.(Greve, Wendy)
February 21, 2023 Opinion or Order Filing 3 MOTION by Jan King, Kimberly Maynard for Consolidation of Cases 3:23-cv-129 and 3:23-cv-130 (Clifford, Michael) (Modified on 2/21/2023 to add party filer) (mk).
February 16, 2023 Opinion or Order Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: attys; any unrepresented party) (jsa)
February 15, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL by Samantha McCollins, Scott Caserta, County Commission of Cabell County, West Virginia, Phyllis Smith with summons, complaint and docket sheet from Circuit Court of Cabell County. Filing Fee $402.00. Receipt #AWVSDC-8366470. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet) (jsa)
February 15, 2023 Opinion or Order CASE assigned to Judge Robert C. Chambers. (klc)

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Plaintiff: Jan King
Represented By: Michael T. Clifford
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Plaintiff: Kimberly Maynard
Represented By: Michael T. Clifford
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Defendant: Phyllis Smith
Represented By: Benjamin Brice Vanston
Represented By: Wendy E. Greve
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Defendant: Scott Caserta
Represented By: Benjamin Brice Vanston
Represented By: Wendy E. Greve
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Defendant: Samantha McCollins
Represented By: Benjamin Brice Vanston
Represented By: Wendy E. Greve
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Defendant: County Commission of Cabell County, West Virginia
Represented By: Benjamin Brice Vanston
Represented By: Wendy E. Greve
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